1) since your wife is co owner of flat you need her consent for giving the flat on rent

2) you can file declaratory suit that you are absolute owner of flat as full consideration has been paid by you

3) you can seek sole custody of children

4) however since kids are young court may not award you custody

5) you would get visitation rights for children

You can file a case before the Registrar of Societies in this regards.

Yes you can file a declaratory suit also, but the same will not be decided probably until your matrimonial dispute is decided.

Yes you can file a case for the custody of your children under section 25 of Guardian and Ward Act.

50,000 is a high maintenance, court will not grant the same.

Regards

1. Send a legal notice to the notice because this is none of their concern. Since 100% consideration for the said flat was contributed by you and you have the proof for it, having the tenant or no tenant is nobody else's business except you.

2. Immediately approach the Court to seek custody demonstrating before it that you are better placed to raise the kids.

Sir, society cannot deny you for keeping tenants..RWA cannot decide the possession of the flat neither they can restrain you to rent it out.. 2) you can ask for the custody of your children in court 3) she us not entitled for maintainance as she is earning herself...

I also said so that you can file a suit but there will be no pronouncement on the same till the matrimonial issue is settled.

I have advised you to move before the registrar to make a complaint against your society but again you will have to check the society bye laws and local co operative society act to see if such act is in violation of statutory norms.

6 month to 1 year for mutual divorce, custody can be decided mutually and visitation right also can be decided.

Regards

1) sir her consent is required but the RWA do not have the authority to restrain you from renting it out.. If she would have obtain an order from court for then you would have been restrained.. Do not make a rent agreement and keep tenants stating them as guests or relatives.. In that way they cannot restrain you..2) divorce on contest bases may take sufficient time to get decided.. Interim maintainance will be decided within 60 days..

1. First send a legal notice to the Secretary of the said Society asking him the reason for his such act and call upon him to allow your said tenant to enter in to your flat with his furniture. If he still does not budge, you can sue the Society for not allowing your tenant to enter in to your flat.

2. You can also file the declaratory suit making the Society as a party praying for a declaration that you are the sol;e owner of the said flat also with a prayer that the registrar be directed to delete the name of your wife from the records as co-owner of the said flat. Filing of a divorce suit against your wife has no connection with the declaratory suit to be filed by you.

3. You can file a child custody case showing ground that you should have custody of your son for the welfare of your son. You shall have to submit adequate evidence in support of your said claim.

1. She is employed and her salary is more than 1/4th of your net monthly earning for which she is not entitled to any maintenance from you.

2. The maintenance of your son is to be borne jointly by you and such expenses at reasonable actuals shall have to be shared by both of you.

1. You have mentioned in your first query "bye laws where the society cannot object as their role is only to be informed of keeping the tenants and associate members do not have a say in this matter.".. If this is a fact then the society can not raise any objection. If there is no such bye law, then her consent for inducting tenant in the jointly held flat will be required.Registrar might not agree to send your letter through him and even if he sends that will be your letter only to be replied by the Society and not a direction by the registrar to allow your tenant entry in to your flat with furniture against the expressed objection of the co-owner of the said flat being your wife.

2. Divorce suit might take 2 to 4 years if hardly contested. Similarly, child custody case also might take 2/3 years to be disposed of.

you both are co owners of flat . inorder to give premises on leave and licence consent of both co owners is necessary . hence you have to refrain from giving flat on rent

2) contested divorce cases take 5 years to be disposed of

3) interim maintenance would be awarded in a year time

my question is1) how to deal with the society,can i put a case on my society thru a lawyer or there is some other means as i am loosing on rental

You can issue a legal notice to the secretary if he is objecting and refusing to allow a tenant to occupy the flat. He has nothing to do with the flat being let out on rent by the authorised member of the society, the bye law is very clear about associate member's rights. However since your wife is a co-owner she may approach court of law with an injunction suit seeking to restrain you from letting out the entire premises on rent without her consent.

That will be a embarrassing situation to you.

2)can i proceed with filing the declaratory suit to remove her name from the flat or I have ton wait till the divorce case is over

This is not maintainable in law becasue she is a joint owner, hence her name cannot be removed based on your matrimonial disputes with her or for any reason.

3)can i get custody of my children as she doesnot care about the children .she doesnt want to leave her job and care for the kids.she has kept one son in Goa And Daughter is with us.after divorce too she wants to keep both the kids in Goa with mother so seeking joint custody wont help.they donot allow me to speak to my son for past 6 years.isnt this mental harassment or only men face harassment charges in court

What were you doing for all these six years when you were not allowed to even speak to your child.

As a biological father you have an equal right on your children similar to her.

You could have approached court of law with a child custody case and also visitation rights as interim relief.

Even now you can file a child custody case and argue the issue based on the merits to convince the court your plight and your love and affection towards the children.

my net salary every month is 67000 and her is 38000 ,she wants maintainance of 50000Rs

You can repudiate her claim for maintenance on the basis of her gainful occupation and the handsome salary income she draws.

However please be aware that you will be made liable for the maintenance towards your children.

I am a bit confused at the advocate Ajay sethi has advised that her consent is required.if she doesnt give her consent then will i have to keep the flat closed till settlement?.if i send a notice thru registrar,how much time will it take to get the decision,?

You have to issue a legal notice to her seeking partition or her consent for letting out the flat on rent till the time the matrimonial disputes are disposed.

Based on her reactions or response you may plan for initiating legal process suiting to the prevailing circumstances.

2)thru contested divorce,how much time will it take for the divorce to happen and child custody.how much time &decision for interim maintainance will be taken .

The time taken for disposal of court cases cannot be predicted owing to various factors.

Each and every case may take at least two to three years to get disposed.